What to do if a spider fails my car?
My car was picked up by a spider. It is not enough that I had to pay a fine, but even when I went to get her out of the parking lot, I found that I had damaged her when I lifted it. I'm not gonna leave it that way! What can I do?
Since, according to our law, everyone is obliged to repair the damages he has caused to someone else, and the municipality as a contracting authority has to compensate for my damaged car. Since the work of the employees who removed my car has been entrusted by the municipality, she should also be responsible for their actions, namely - damage to my car.
However, in order to be able to obtain compensation, it must be legally proven that:
I have really suffered damage (my car is damaged). How can I determine the damage involved? It's good at the parking lot myself to check my car. If I can see any damages, I can do the following - call the police and make a conservative protocol on the spot or draw a record between me and the staff of the criminal parking lot. It is important in both cases that this protocol be also written by witnesses on the spot so that the document can indeed be encumbered by the court;
the damage to my car is actually caused by a person to whom the municipality has assigned the relevant duties (employee of "Parkings and garages") and not by me or other people, for example;
the damage to my car is caused "by" or "by reason of" the performance of the assigned job, ie. picking up the car and taking her to the parking lot. This means that if the municipality employee, due to our personal conflict, damages my car, the municipality will not be responsible for this.
Important! I have to prove that there is a connection between the performance of the work of the municipality employee and the damage that has occurred to my car.
If I do not prove and only one of the things listed above, the responsibility of the municipality will not be met and I will get compensation.
What is the amount of compensation I will receive?
Each case is individual, so there are various factors on which the limit of compensation I can get - the amount of damage to my vehicle, the degree of guilt of the municipality employee, the circumstances during the cause of the damage, etc. Nonetheless, I should be compensated for any direct and immediate damages that have occurred as a result of the employee's actions.
Important! If I have somehow contributed to the damage to my car, I may not get full compensation.
It is also important to know that each insurer himself defines the risks covered and in most cases insurers DO NOT cover any damage caused by the arrest or confiscation of insured vehicles by competent authorities. In any case, I can look at my personal Casco insurance contract to see if this is the case with my insurer.